Nursing Home Resident Rights

There are only six legal reasons to discharge a nursing home resident

Valid Reasons for an Involuntary Nursing Home Discharge One thing that strikes fear in the hearts of families caring for…

2 months ago

Updates to Nursing Home Quality of Care Regulations

From time to time federal regulations covering nursing home quality of care are updated. Thus far, the following updates have…

2 years ago

Federal Nursing Home Quality of Care Regulations

Nursing homes that accept Medicare or Medicaid are required to comply with quality of care regulations. Although we have blogged…

2 years ago

Supreme Court Rules Nursing Home Resident Rights Are Enforceable Under Section 1983

Last year we reported that Talevski v. Health and Hospital Corporation of Marion County (HHC) was headed to the Supreme…

3 years ago

Resident’s Right to Choose Activities and Interact with Others Inside and Outside the Nursing Home

Nursing home residents have the right to who they will spend time with and how they will spend it. Specifically,…

3 years ago

Resident’s Right to Refuse Unnecessary Intra-facility Transfers

Nursing home residents have a right to refuse unnecessary transfers within the facility. Specifically, 42 C.F.R. § 483.10(e)(7) and (8)…

3 years ago

Resident’s Right to Share a Room; Roommates

Nursing home residents have a right to share a room with whomever they wish as long as both residents agree.…

3 years ago

Resident’s Right to Reasonable Accomodation of Needs and Preferences

Nursing home residents have a right to reasonable accomodation of needs and preferences. 42 C.F.R. § 483.10(e)(3) provides that the resident…

4 years ago

Resident’s Right to Personal Possessions

42 C.F.R. § 483.10(e)(2) provides that the resident has a right to be treated with respect and dignity, including: (2)…

4 years ago

Visitation in the Nursing Home

Nursing home residents have the right to visitation. Specifically,  42 C.F.R. § 483.10(f) provides that residents have the right to…

4 years ago

Nursing Home Resident’s Autonomy

Nursing home residents have the right to make their own choices. This includes basic life choices, the right to information…

4 years ago

Resident’s Right to Self-Determination

Nursing home residents have the right to make their own choices. This includes basic life choices, the right to information…

4 years ago

Resident’s Right to Choose Attending Physician

Nursing home residents have the right to choose his or her attending physician. The physician must be licensed to practice,…

4 years ago

Additional Guidance Regarding Nursing Home Patients With Cognitive Impairments

Appendix PP provides the following additional guidance regarding treatment of residents with impaired, or potentially impaired decision-making capacity: Definitions: “Court…

4 years ago

Guidance Regarding Resident’s Right to Self-Administer Medications

Appendix PP provides the following guidance regarding a resident's right to self-administer medications as provided in 42 C.F.R. §483.10(c)(7). If…

4 years ago

Resident’s Right to Be Informed of and Participate in Treatment

Nursing home residents have the same right to participate in the informed consent process as any other patient. 42 C.F.R.…

4 years ago

Resident’s Right to Exercise Rights

Nursing home residents have a right to exercise his or her rights as a resident of the facility and as…

4 years ago

Resident’s Right to a Dignified Existence

Nursing home residents have a right to a dignified existence, self-determination, and communication with and access to persons and services…

4 years ago

Definitions Relating to Nursing Home Care

42 C.F.R. § 483.5 defines the following terms: Abuse Abuse is the willful infliction of injury, unreasonable confinement, intimidation, or…

4 years ago

Nursing Home Resident Rights, general concepts

Nursing homes, also called skilled nursing facilities, provide a wide range of health and personal care services. Their services focus…

4 years ago

Right to Nursing Home Records and Medical Information

Nursing home residents and their personal representatives have a right to stay informed regarding their condition and their care. 42…

4 years ago